This blog presents news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but now has a broader coverage and a wider audience. In addition to information about trials and trial practice, you'll find notes about appellate practice, the courts, access to justice, and related topics.

Friday, May 20, 2005

[RULES] WSBA's Court Rules and Procedures Committee decided at its March 28 meeting to recommend elimination of the Comments to the Rules of Evidence. The Committee's web page states:

A majority of the Committee concluded that the Comments have outlived their usefulness, and in many cases they are inadequate or obsolete. * * * A minority of the Committee's membership felt that the Comments retain some value, particularly as they indicate where Washington's rules differ from the Federal Rules of Evidence. * * *

The Board of Governors is interested in hearing from practitioners on this issue. Do attorneys in litigation actually use the Comments or do they rely on evidence manuals?

Interested people may comment to the committee (WSBACourtRules@wsba.org) or to a WSBA Governor. The Board of Governors has deferred a vote until its July meeting.

[April 2006 update. I checked the Board of Governors' minutes. The BOG voted unanimously to remove the comments at its meeting July 29-30, 2005.